Anonymous
12 February 2021 at 11:32
'A' sold property to ' B' in 1996 thru unregistered Agreement to Sell and unregistered GPA. The entire consideration amount was paid by 'B' to 'A'. At the time of purchase of property 'B' got executed the Agreement to sell from 'A' in his favour but got executed the GPA from 'A' in favour of C on good faith.
In the meanwhile 'A' has expired in 2005 .
In the meanwhile differences have cropped up between 'B' & 'C' .
Now 'C' is trying to sell the property of 'B' against the wish of 'B' to some third party on the basis of the unregistered GPA executed by 'A' in the year 1996 in favour of 'C' . My Query :
1. Is unregisteted GPA executed by ' A' 1996 in favour of 'C' valid , as on today , even after the death of 'A' .
2. The consideration amount was paid by ' B ' and as such 'B' is the legal Owner of the property , then how can he stop 'C' from selling his ( B's) property to third party.
3. What civil and Criminal actions can be taken by 'B' against 'C' if he sells the property to third party without the consent of 'B' and under which sections of IPC.
4. What criminal and civil action can be taken by 'B' against the intending purchasers.
shyam lal
12 February 2021 at 09:47
Does Stamp Duty applicable to Relinquishment Deed besides Registration Fee in respect to immovable property without consideration among co owner's?
Anonymous
12 February 2021 at 02:01
One of my fathers brother has been a ghar jamai for the past 30 years. He never really looked after his parents nor his kids recognise their paternal side of the family. Now he wants his share in the ancestral property. What does the indian constitution says about ghar jamai's rights on the ancestral property? What does our constitution say about people that has abandoned his parents?
Vinesh K Chhaya
12 February 2021 at 01:09
Revenue Remedy applied before executive magistrate...
order pronounced against applicant.... he presented appealed before SDM, District Magistrate, Special secretary revenue dispute then high court and then supreme court.... everywhere he got judgment against him..
After 1 year of Final disposal at Supreme Court not allowed his SLP the applicant found some authentic evidence which could prove the respondent have no right exists in disputed land.... He could prove through those evidences that the respondents are not original legal heir of original owner of disputed land who died without any heir...
Then the question is which remedy remains in civil side to reopen and prove the respondents fake identification as legal heir of deceased owner of disputed land... or can lodge criminal complaint against respondents who presented themselves fraudulently as original heir ?? can any body present himself as complainant other than applicant? can third party (With or Without having interest in disputed land) can be complainant in this matter?
Anonymous
11 February 2021 at 21:54
Can an NRi's family in UK apply for court of protection in INDIA, for elderly parents living in UK and are unable to look after their properties in INDIA due to mental and physical disability. Not in a position to issue a Power of Attorney. we are unable to Register a UK Power of Attorney in India..
Anonymous
11 February 2021 at 21:46
I will have a check bounce case coming up very soon and looking for a lawyer in Bangalore.
Here is the case:
Lent money to someone who had given a blank cheque. The loan agreements paper are clean and the terms have been extended for 2 times giving the loanee ample time to return the money with interest. Now it is the time to take legal action. The loan was given in a small town in Karnataka, but i want this case to be files in Bnagalore as the cheque will be deposited in Bangalore. It is also to make the loanees like difficult to travel to Bangalore each time.
Question 1: Is this possible or it needed to be filed in the same town where the loan was issued?
Question 2: Can it be filed in teh fast track court aftre teh check bounce? The amount is 3 lakhs.
Question 3: I do not live in Bangalore and it will be difficult for me to attend any of the court proceedings, so i need to be represented.
PS: People suggesting come in to agreement with the loanee, there are too many cases pending in court and you will be wasting time etc... Please refrain from answering this.
Raja Sekhar S
11 February 2021 at 21:40
Mr A leaves a Registered Will bequeathing his property among his three surviving heirs B, C and D where B is Son, C is daughter and D is wife.
In respect of the properties earmarked in favour of C and D there is 100% clarity as the Will says the properties marked for them will become theirs on his death.
For the property left for B, the son there is some doubt. The property left for B is a house. The Will says his wife (D) will have possession and right to enjoy without any right whatsoever to gift or sell that house. The son (B) will get full rights on the house after D.
The questions needing answer are
1) Can the wife, D get the mutation of this house in her name as A is no more.
Or
2) Is it the Son, B who has to get the mutation of the house in his name allow his mother to continue living in house during her life time ?
Or
3)Is it open to just leave the property in the name of A who is no more and if so how long it can be left like that with both B and D staying in the house and enjoying the property, in which case the Property Tax, Ele Connection and Water connection will continue to be in the name of A who is no more. Is it legally correct to pay taxes in the name a dead person for unlimited period
Anonymous
11 February 2021 at 16:58
Sir,
Wife file 125 CRPC on 2012 and the same was dismissed for default during starting of evidence stage.
She again prayed for restoration of above proceeding, but the same also dismissed for violation of court order.
She again file fresh 125 CRPC on 2018.
Can a woman come to court like this way ?
Is there any reference judgement - please refer.
Vasudevan
11 February 2021 at 16:51
Respected Learned Experts. I am Central Government employee who had been compulsorily retired subsequent to a departmental enquiry. There was a criminal case pending at the time of my compulsory retirement on the same grounds of departmental enquiry. I had been paid with provisional pension as per CCS (Pension) Rules after compulsory retirement. Thereafter, I had been convicted by the Trial court under Cr.PC. Now the conviction order was stayed by the High Court as I had preferred Criminal Appeal. Subsequent to my conviction, my department has issued me a show cause notice for reduction in pension. Now an order of reduction in pension to 40% was imposed by the under secretary of Government of India. Whether penalty of reduction in pension be imposed when the grounds of the departmental enquiry and the criminal case was one and the same. The department has already retired me compulsorily and now reduction in pension on the same set of facts based on the conviction order by the Trial Court is permissible in Law. Please clarify.
Thanks in advance to all Learned Experts.
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To add my nick name as well as official name
Hi,
Chitra here...,I want to know that if we adding Nick name alias of official name it will be getting update on birth certificate.With the support of these we can change aadhar and pan card.
But here my doubt is how about the graduate and other certificates.If anyone having knowledge of this please support me .